SUPREME COURT OF MISSOURI

en banc

IN RE THE MARRIAGE OF: M.S., ) ) Appellant, ) )

vs. ) No. SC94101 ) D.S., ) ) Respondent. )

APPEAL FROM THE CIRCUIT COURT OF ST. LOUIS COUNTY

The Honorable John N. Borbonus III, Judge

Opinion issued February 10, 2015

This is an appeal from a judgment dismissing a petition to dissolve a same

sex marriage between M.S. and D.S. The circuit court dismissed the action sua

sponte , with prejudice, on grounds that it lacked subject matter jurisdiction and

consti tutional and statutory authority to dissolve the marriage due to the state

constitutional and statutory bans on same

- sex marriage. See M O

. C ONST . art. I,

sec. 33; section 451.022, RSMo Supp. 2001. This Co urt holds that that the circuit

court had subjec t matter jurisdiction over the case. For that reason only, t he

judgment is reversed, and the case is remanded.

T he circuit court dismissed the petition for lack of subject matter

jurisdiction before D.S. was served or given an opportunity to answer the petition.

While Rule 55.27(g)(3) requires a circuit court to dismiss an action “[w]henever it

appears by suggestion of the parties or otherwise that the court lacks jurisd ictionof the subject matter,” Missouri procedural rules do not authorize a judgment on

the merits prior to service and an opportunity to answer the petition. (Emphasis

added). Therefore, the court’s sua sponte judgment of dismissal for lack of

subject matter juri sdiction did not resolve any of the underlying issues raised in

the petition, including the court’s constitutional or statutory authority to dissolve a

same

- sex marriage.

The sole issue before this Court is whether the circuit court had subject

matter jurisdiction. The jurisdiction of Missouri circuit courts is defined by article

V, section 14 of the Missouri Constitution:

The circuit courts shall have original jurisdiction over all cases and matters, civil and criminal. Such courts may issue and

dete rmine original remedial writs and shall sit at times and places within the circuit as determined by the circuit court.

The plain language of article V, section 14 provides that Missouri circuit courts

have jurisdiction over all civil cases and matters. J.C.W. ex rel. Webb v.

Wyciskalla , 275 S.W.3d 249, 253 (Mo. banc 2009). N othing in article I, section

33 purports to limit this broad grant of jurisdiction. 1

In this case, M.S. filed a petition for dissolution of marriage. A petition for

dissolution of marriage is a civil case or matter falling within the jurisdiction of

the circuit court. Assuming for the sake of argument only that the circuit court

lacked constitutional or statutory authority to grant the requested relief, the court

1 Because article I, section 33 does not limit circuit courts’ subject matter jurisdiction, the Court does not reach or decide M.S.’s argument that this provision is unconstitutional under the equal protection clause of the Fourteenth Amendment

to the Unite d States Constitution

.3 would still have s ubject matter jurisdiction to dispose of the petition by denying

the requested relief. While t he circuit court had subject matter jurisdiction over

this civil case , this Court expresses no opinion as to the merits of any aspect of this

case, including the constitutional or statutory authority of the circuit court to

dissolve a same

- sex marriage. The judgment is reversed, and the case is

remanded.

_________________________________ RICHARD B. TEITELMAN, JUDGE

All concur.